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Environmental Law

Environmental Law

Environmental Law

Environmental Law

Environmental Law

Summary

Geared to undergraduate or graduate courses in Environmental Law. Also works well as a supplemental text in an Environmental Policy course. This fundamental introduction to environmental law explains the legal system and process in general, discusses specific environmental laws, and presents the scientific background necessary for understanding each law. The text is designed to introduce those without any legal or special scientific training to the system through which the nation attempts to preserve and protect the different aspects of our environment.

Table of Contents

Preface

xi

PART I AN INTRODUCTION TO THE LAW

1

(112)

The American Legal System: The Source of Environmental Law

2

(43)

Source of Law

2

(10)

The Legislature as a Source of Statutory Law

2

(6)

The Judicial Branch as a Source of Case Law

8

(2)

The Executive Branch as a Source of Law

10

(1)

Administrative Agencies as a Source of Law

11

(1)

Classifications of Law

12

(13)

Case and Statutory Law

12

(1)

Public and Private Law

12

(1)

Criminal Law and Civil Law

12

(13)

Constitutional Principles Underlying the American Legal System

25

(14)

Federalism

26

(1)

Federal Preemption

26

(1)

The Commerce Clause

27

(3)

The Fourth Amendment

30

(1)

The Fifth and Fourteenth Amendments

31

(5)

A Constitutional Right to Environmental Protection?

36

(3)

Concluding Remarks

39

(1)

Question for Review and Discussion

40

(1)

For Further Reading

40

(1)

On the Internet

41

(1)

Notes

41

(2)

Thinking Critically About Issues Related to Environmental Law

43

(2)

The Litigation Process and Other Tools for Resolving Environmental Disputes

45

(36)

The Adversary System

45

(2)

An Introduction to the Adversary System

45

(1)

Criticisms of the Adversary System

46

(1)

The U.S. Dual Court System

47

(6)

The Federal Court System

47

(1)

The State Court System

47

(3)

Choice of Courts

50

(3)

Primary Actors in the Legal System

53

(3)

The Attorney

53

(1)

The Judge

54

(1)

The Jury

55

(1)

Stpes in Civil Litigation

56

(15)

The Threshold Issues

57

(5)

Pretrial

62

(4)

The Trial

66

(3)

Appellate Procedure

69

(2)

Alternatives to Civil Litigation

71

(5)

Arbitration

72

(2)

Mediation

74

(2)

Concluding Remarks

76

(1)

Questions for Review and Discussion

76

(1)

For Further Reading

77

(1)

On the Internet

77

(1)

Notes

78

(1)

Thinking Critically About Issues Related to Environmental Law

78

(3)

Administrative Law and Its Impact on the Environment

81

(32)

Creation of Administrative Agencies

82

(1)

Functions of Administrative Agencies

82

(10)

Rule Making

83

(5)

Adjudication

88

(4)

Administrative Activities

92

(1)

Limitations on Agency Powers

92

(5)

Statutory Limitations

92

(2)

Institutional Limitations

94

(3)

Important Agencies Affecting the Environment

97

(11)

Executive versus Independent Agencies

97

(1)

The Environmental Protection Agency

98

(7)

Interagency Cooperation

105

(1)

The Department of the Interior and Its Agencies

105

(2)

The Department of Agriculture and Its Agencies

107

(1)

The Department of Labor and Its Agencies

108

(1)

Concluding Remarks

108

(1)

Questions for Review and Discussion

108

(1)

For Further Reading

109

(1)

On the Internet

109

(1)

Notes

110

(1)

Thinking Critically About Issues Related to Environmental Law

110

(3)

PART II THE ENVIRONMENTAL LAWS

113

(237)

An Introduction to Environmental Law and Policy

114

(34)

The Need for Regulation

114

(3)

Tragedy of the Commons

115

(1)

Free Rider Problem

115

(1)

Pollution as an Externality

116

(1)

Environmental Ethic

116

(1)

Alternative Ways to Control Pollution

117

(5)

Tort Law

117

(2)

Subsidies, Emissions Charges, and Marketable Emissions Permits

119

(2)

Green Taxes

121

(1)

Direct Regulation

121

(1)

Evolution of Our Environmental Policy

122

(8)

The Origins of Our Environmental Policy

122

(1)

The 1970s: The Environmental Decade

123

(1)

The 1980s

123

(1)

The Early 1990s

124

(4)

The Middle to Late 1990s

128

(2)

National Environmental Policy Act

130

(11)

Council on Environmental Quality

130

(2)

Environmental Impact Statement (EIS)

132

(7)

Alternatives to the EIS

139

(1)

Effectiveness of NEPA

139

(2)

Pollution Prevention Act of 1990

141

(2)

Concluding Remarks

143

(1)

Questions for Review and Discussion

144

(1)

For Further Reading

144

(1)

On the Internet

145

(1)

Notes

145

(1)

Thinking Critically About Issues Related to Environmental Law

146

(2)

Air Quality Control

148

(35)

The Major Air Pollutants

148

(6)

Sulfur Dioxide

149

(1)

Nitrogen Oxides

150

(1)

Carbon Monoxide

151

(1)

Ozone

151

(2)

Particulates

153

(1)

Lead

153

(1)

Airborne Toxins

154

(1)

Some Significant Air Quality Problems

154

(5)

Acid Deposition

154

(2)

Depletion of the Ozone Layer

156

(1)

The Greenhouse Effect

157

(2)

Indoor Pollution

159

(1)

The Initial Approach to Air Quality Control

159

(4)

The Current Approach to Air Quality Control

163

(11)

National Ambient Air Quality Standards

164

(4)

No Significant Deterioration (NSD)

168

(1)

New Source Performance Standards

168

(2)

Mobile Source Performance Standards

170

(2)

1990 Air Toxics Program

172

(2)

The 1990 Clean Air Act Amendments

174

(3)

Acid Rain Control Program

174

(2)

Enforcement of the 1990 Act

176

(1)

Solutions Beyond the Clean Air Act

177

(1)

Concluding Remarks

177

(1)

Questions for Review and Discussion

178

(1)

For Further Reading

178

(1)

On the Internet

179

(1)

Notes

179

(2)

Thinking Critically About Issues Related to Environmental Law

181

(2)

Water Quality Control

183

(27)

The Major Water Pollutants

184

(5)

Pathogens

184

(1)

Conventional Organics

185

(1)

Toxic Trace Organics

186

(1)

Nutrients

187

(1)

Heavy Metals

187

(1)

Ionizing Radiation

188

(1)

Other Measures

188

(1)

Some Significant Water Quality Problems

189

(2)

Trace Levels of Toxic Organics

189

(1)

Lead and Copper

190

(1)

Radon and Other Radionucleotides

191

(1)

Protecting Water Through Government Actions

192

(13)

Water Rights

192

(4)

Protecting Waters of the Nation

196

(6)

Protecting Drinking Water

202

(3)

Concluding Remarks

205

(1)

Questions for Review and Discussion

206

(1)

For Further Reading

207

(1)

On the Internet

207

(1)

Notes

207

(1)

Thinking Critically About Issues Related to Environmental Law

208

(2)

Controlling Toxic Substances

210

(28)

Identification of Potentially Toxic Substances

210

(5)

Scientific Uncertainty

211

(1)

Risk Assessment

212

(3)

Federal Regulation of Toxic Substances

215

(13)

Toxic Substances Control Act

216

(4)

Federal Insecticide, Fungicide, and Rodenticide Act

220

(5)

Federal Food, Drug, and Cosmetics Act

225

(1)

Food Quality Protection Act

226

(1)

Progress Under the Acts

226

(2)

Toxic Torts

228

(6)

Theories of Recovery

228

(1)

Problems in Establishing Causation

229

(2)

Enterprise Liability

231

(1)

Punitive Damages

232

(2)

Concluding Remarks

234

(1)

Questions for Review and Discussion

234

(1)

For Further Reading

234

(1)

On the Internet

235

(1)

Notes

235

(1)

Thinking Critically About Issues Related to Environmental Law

236

(2)

Waste Management and Hazardous Releases

238

(33)

Waste Control Techniques

239

(1)

The Problem with Waste

240

(2)

Requirements for Managing Waste

242

(10)

Municipal Solid Waste

242

(2)

Hazardous and Solid Waste Amendments of 1984

244

(1)

Hazardous Waste

245

(6)

Enforcement of RCRA

251

(1)

CERCLA: An Overview

252

(1)

Emergency Response Plans and Right to Know

253

(2)

Federal Response to Contaminated Sites

255

(7)

Removal Action

256

(1)

Remedial Response

257

(5)

Underground Storage Tank Program

262

(2)

Concluding Remarks

264

(1)

Questions for Review and Discussion

265

(1)

For Further Reading

266

(1)

On the Internet

266

(1)

Notes

267

(1)

Thinking Critically About Issues Related to Environmental Law

268

(3)

Energy and Natural Resources

271

(41)

Energy Policy: A Historical Overview

271

(5)

The Crisis Begins

272

(1)

A Return to Complacency

273

(1)

What Now?

274

(2)

Energy Consumption

276

(1)

Coal: The Oldest Energy Source

277

(4)

Problems with Coal

278

(1)

Regulation of the Mining Industry

279

(2)

Petroleum and Natural Gas

281

(4)

Onshore Development Problems

281

(1)

Offshore Development Problems

282

(2)

Oil Spills

284

(1)

Nuclear Energy

285

(4)

History of Nuclear Energy Development

286

(1)

Problems with Nuclear Energy

286

(2)

Regulation of the Nuclear Industry

288

(1)

Renewable Fuels

289

(3)

Hydropower

290

(1)

Solar Energy

290

(1)

Wind Energy

291

(1)

Biomass Energy

291

(1)

Geothermal Energy

291

(1)

Protecting Public Lands

292

(3)

Forests

292

(1)

Rangelands

293

(1)

Regulation of Public Lands

294

(1)

Wetlands, Estuaries, and Coastal Areas

295

(7)

Benefits of Wetlands

296

(1)

Destruction of Wetlands

297

(1)

Regulations to Preserve Coastal Areas and Wetlands

298

(4)

Endangered Species

302

(5)

Concluding Remarks

307

(1)

Questions for Review and Discussion

307

(1)

For Further Reading

307

(1)

On the Internet

308

(1)

Notes

309

(1)

Thinking Critically About Issues Related to Environmental Law

310

(2)

International Environmental Law

312

(38)

The Need for International Environmental Law

312

(5)

Overpopulation

312

(2)

Loss of Biological Diversity

314

(1)

The Global Commons

315

(1)

Environmental Disasters and Transboundary Pollution

316

(1)

The Nature of International Law

317

(1)

Sources of International Environmental Law

318

(3)

Conventional Law

318

(1)

Customary Law

319

(2)

Institutions That Effectuate and Influence International Environmental Law